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HENRY LEON PADGETT v. COMMONWEALTH PENNSYLVANIA (05/18/77)

decided: May 18, 1977.

HENRY LEON PADGETT, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, BOARD OF PROBATION AND PAROLE, RESPONDENT



Original jurisdiction in case of Henry Leon Padgett v. Commonwealth of Pennsylvania, Board of Probation and Parole.

COUNSEL

Henry Leon Padgett, petitioner, for himself.

Robert A. Greevy, Assistant Attorney General, with him Robert P. Kane, Attorney General, for respondent.

President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer, Rogers and Blatt. Opinion by President Judge Bowman.

Author: Bowman

[ 30 Pa. Commw. Page 222]

Henry Leon Padgett filed a petition for writ of habeas corpus in the Court of Common Pleas of York County which transferred the proceedings to this Court because the substance of the petition challenges certain actions and procedures of the Pennsylvania Board of Probation and Parole (Board). Upon transfer we have considered the petition as in the nature of a complaint in mandamus, directed the Board to answer or otherwise plead and the matter is now before us upon the petition and the Board's preliminary objections, together with a certificate of its chairman concerning acts and proceedings of the Board with respect to petitioner, Section 8, Act of August 6, 1941, P.L. 861, as amended, 61 P.S. ยง 331.8.

The issues so raised relate to petitioner's sentence on a larceny charge and the Board's actions and proceedings incident thereto. This conviction (York

[ 30 Pa. Commw. Page 223]

County, C.P. No. 80 5/73) resulted in a sentence of one to two years effective October 27, 1973; original minimum 10-27-74, original maximum 10-27-75. On March 3, 1975, petitioner was released on parole. An incredible sequence of events then followed which culminated, so far as the sentence in question is concerned, in the Board extending petitioner's maximum sentence, as a convicted parole violator, to March 7, 1977.

On June 21, 1975, petitioner was arrested on a charge of theft and released on bail. On July 9, 1975, he was arrested on a charge of armed robbery (five counts) and kidnapping. On that same day a parole violation warrant was lodged against him by the Board. After hearing held on August 29, 1975, the Board, by order dated September 4, 1975, ordered petitioner detained pending disposition of the open charges. Petitioner remained incarcerated until October 27, 1975, the expiration date of his original maximum sentence, when the Board's detainer was lifted. He was thus under the custody and control of the Board for three months and seventeen days. Roughly two months later petitioner was released on bail pending disposition of the open charges.

On May 27, 1976, petitioner was convicted on a charge of theft (apparently the theft charge for which he was arrested on June 21, 1975) and sentenced to a term of one year. Bail was continued pending appeal.

On July 13, 1976, petitioner was again taken into custody on the Board's warrant and, after hearing, was recommitted as a convicted parole violator. The maximum expiration date of his original sentence was extended, as noted above, to expire as of March 7, 1977.

Petitioner challenges the authority of the Board to so recompute his sentence on the ground that the maximum term of his ...


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